Terms & Conditions – SSENSE SANDBOX

Last updated: June 30^th 2020

This SSENSE website (hereinafter the "Site") is published by Groupe Atallah Inc. d.b.a. SSENSE ("SSENSE", "we", "us", "our"), a Quebec corporation, with registered office at 333 Chabanel Ouest, suite 900, Montreal, Quebec, H2N 2E7 and registered with the Quebec Enterprise Register, under number 1166897596.

The editorial director of the Site can be reached at editorial@ssense.com.

Site hosting is provided by Amazon Web Services.

1. BACKGROUND

1.1 This Site is an e-commerce website, which enables Customers to shop various luxury brands.

2. DEFINITIONS

2.1 "Customer" refers to individuals who have registered an account on this Site or who use SSENSE’s services.

3. SCOPE

3.1 These Terms and Conditions of Use govern all use of the Site and of the Site's offered services. Access to and use of our Site and its services implies the express and unreserved acceptance of these Terms and Conditions of Use. Customers therefore confirm that they have read and understood these Terms and Conditions of Use before accessing the Site and/or using the services, and they undertake to comply with them.

4. ACCESS TO AND USE OF THE SITE AND ITS SERVICES

4.1 SSENSE strives to keep the Site accessible to Customers 24/7 unless otherwise specified. However, please note that SSENSE may occasionally suspend the service wholly or partially temporarily for technical reasons (including for maintenance purposes) without being liable to Customers.

4.2 In addition, SSENSE cannot be held responsible for:

any exceptional circumstances such as, but not limited to, an event constituting force majeure or due to a third party;

any technical harm related to and including programs, hardware, software or the Internet.

5. REGISTRATION ON THIS SITE

5.1 REGISTRATION BY CUSTOMERS

5.1.1 Customers may choose to create a Customer Account.

5.1.2 Customers undertake to provide all the information requested from them with accuracy and sincerity. Customers agree to update their information regularly in order to be as up-to-date as possible on the Site.

5.1.3 The Customer undertakes to refrain from any infringement of the rights of third parties.

5.2 VALIDITY OF INFORMATION

5.2.1 Customers agree to:

deliver real, accurate, current information at the moment of their order and in particular not to use false names or addresses, or names or addresses without authorization;

keep up to date the information provided to ensure accuracy of the service;

not make available or distribute any unlawful, reprehensible (such as defamatory or racist information) or harmful (such as viruses) content in violation of applicable law.

5.2.2 In case of a breach of these provisions, SSENSE may suspend or terminate the access of a Customer to SSENSE's services.

5.2.3 When a Customer adds information on their Customer Account, it claims to be the rightful owner of the information provided or is duly authorized to make public, as well as being in position to accept these present terms.

6. PRICING

6.1 The use of this Site as a Customer is free.

6.2 However, this Site enables Customers to buy products online. With regard to the sale of those products, specific conditions are set out in our Terms of Sale available here.

7. USE OF CONTENT

7.1 SSENSE grants you a personal, non-exclusive, non-transferable, revocable, limited licence, strictly to do the following only, for your personal, non-commercial use, to view; reproduce; print; cache; store; and distribute content retrieved from this Site via a generally available consumer web browser. The foregoing licence is granted on the condition that you comply with the restrictions on use described in these Terms and Conditions of Use and that you do not (and do not permit any third party to) remove or obscure the copyright notice or other notices displayed on such content. You may not reproduce, print, cache, store, link to, frame, or distribute content retrieved from this Site for any commercial purpose whatsoever without the prior written permission of SSENSE or the copyright holder identified in the relevant copyright notice.

7.2 You agree not to modify the services that are provided on this Site in any manner or to use modified versions of the services, including (without limitation) for the purpose of obtaining unauthorised access to the services. You agree not to access the services by any means other than through the interface provided by SSENSE for use in accessing the services.

7.3 Except as expressly provided in these Terms and Conditions of Use, nothing in these Terms and Conditions of Use or on this Site shall be construed as conferring any other licence or right (whether expressly, by implication or otherwise) with respect to any intellectual property rights belonging to SSENSE and/or its licensors. All rights not expressly granted herein are reserved.

8. COPYRIGHTS AND INTELLECTUAL PROPERTY

8.1 All contents of this Site including text, presentations, illustrations, photographs, arborescences, graphics and HTML codes are the exclusive property of SSENSE or its partners accordingly.

8.2 As such, representation, reproduction, nesting, distribution and redistribution, partial or total, is prohibited.

8.3 Any person, entity or group doing so without being able to prove the express consent of the copyright holder will incur the penalties for copyright infringement under applicable law.

9. BRANDS AND DOMAIN NAMES

9.1 The trademarks, logos and domain names on this Site are trademarks of SSENSE, or possibly one of its partners.

9.2 As such, any person, entity or group making any representation, reproduction, nesting, distribution or redistribution may incur the penalties provided under applicable law.

10. PERSONAL DATA

10.1 SSENSE's activity entails the processing of personal data in accordance with SSENSE's website privacy notice available here.

11. COOKIES

11.1 This Site uses cookies. For more details about our use of cookies and other tracking technology, please read our Cookies Notice available here.

12. PASSWORDS AND SECURITY

12.1 Access to certain services on this Site may require you to choose a password. If you do so, you are responsible for maintaining the confidentiality of your password and account information and for logging out of your account at the end of each session.

12.2 In creating an account, you agree not to (i) impersonate another person; (ii) use a name or email address which is subject to the rights of any person without their permission; or (iii) use a name that is offensive, illegal, or infringing. You are responsible for all activities that occur under your password or account.

12.3 You agree to notify SSENSE immediately of any unauthorised use of your password or account or any other breach of security. SSENSE accepts no liability for any loss or damage arising from your failure to comply with this paragraph.

16. THIRD PARTY SITES

16.1 The Site provides links to other sites on the internet operated by third parties. Because SSENSE has no control over such sites, you acknowledge and agree that SSENSE is not responsible for the availability of such external sites, and does not endorse and is not responsible or liable for any content, advertising, products, services or materials on or available through such sites.

16.2 You further acknowledge and agree that SSENSE shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any content, goods or services on or available through any such site.

16.3 Finally, you acknowledge that SSENSE has no control over the terms and conditions and/or privacy policies of such third party sites and that such terms and conditions and/or privacy policies will govern your rights and obligations with respect to the use of those websites.

17. MINORS

17.1 If you are under the age of 16, you should not register on this Site or otherwise provide any data without the permission of your parent or guardian. If you use our Site or register for any services, we will assume, and you confirm, that you are 16 years of age or older or that you have the permission of your parent or guardian.

17.2 If you are the parent or guardian of a child under the age of 16, you should carefully supervise your child’s use of the services on our Site. It is the responsibility of parents or guardians, and not SSENSE, to determine whether any part of this Site or any site linked to from this Site is appropriate for their children.

18. APPLICABLE LAW AND COMPETENT JURISDICTION

18.1 The Terms and Conditions of Use shall be governed by the laws of Quebec and the tribunals and courts of Montreal, Quebec will have exclusive competence in case of dispute.

18.2 If a specific clause of these Terms and Conditions of Use is declared null, that clause shall be deemed unwritten. However, this should not invalidate the successful registration of a Customer, the entire Terms and Conditions of Use, or the terms and conditions accepted by the Customer.

19. UPDATES TO THESE TERMS AND CONDITIONS

19.1 SSENSE reserves the right to change these Terms and Conditions of Use (including the terms of any additional site policies, guidelines, rules or legal terms posted on this Site) from time to time.

19.2 We will inform you of any changes to these Terms and Conditions of Use prior to their entry into force. Nevertheless, we encourage you to check this page on a regular basis to ensure you are familiar with the most current version of the Terms and Conditions of Use. You can determine when the Terms and Conditions of Use were last updated by checking the "last update" date displayed at the top of these Terms.

19.3 Except as expressly provided in these Terms, any changes we make to the Terms of Conditions of Use will be effective immediately upon being posted on the Site. Your continued use of our Site following the posting of any such changes constitutes your acceptance of them.

20. CONTACT

If you have any question related to our services or to the Terms and Conditions of Use, please contact us at: customercare@ssense.com.